Private Rented Sector (PRS) Minimum Energy Efficiency Standard (MEES)
Overview
This consultation seeks views on the Scottish Government's proposals to introduce Minimum Energy Efficiency Standard (MEES) regulations in the domestic Private Rented Sector (PRS) using existing powers within in the Energy Act 2011.
Improving the energy efficiency of buildings has been a priority for Scottish Ministers for over a decade, with draft Energy Efficiency (Domestic Private Rented Property) (Scotland) Regulations consulted on in 2019 and then laid before Scottish Parliament in 2020. These regulations were agreed to by the Scottish Parliament before being withdrawn due to the impact of the covid pandemic on the sector. At the time of withdrawal, the Scottish Government made clear it would look to bring these regulations forward at a later date.
MEES are not new within the Scottish rental sector, with requirements to meet minimum levels being in place for social rented properties since 2014.
We know that making fabric improvements to our homes, such as improving the levels of insulation, reduces the energy demand required to have a warm, comfortable home. This has the potential to reduce emissions and improve conditions for those living in fuel poverty. Improving energy efficiency is one of the levers available to the Scottish Government that enables dual progress against our commitments to reach net-zero by 2045 and reduce fuel poverty.
In 2023, 56% of Scottish homes were rated Energy Performance Certificate (EPC) band C or better (using existing EPC ratings), compared with 52% in 2022. We are already making improvements. However, in the private rented sector 48% of properties are rated EPC D or lower, with the sector also having the highest percentage (14%) of E, F or G rated properties compared with the social rented sector (5%) and owner-occupied sector (11%). We believe this is contributing to the high numbers of people living in fuel poverty in the private rented sector (44%). The lowest rates of fuel poverty are associated with higher energy efficiency standards.
That’s why we are now proposing regulations for the PRS. These regulations would mean all privately rented properties, as far as possible, reaching EPC Heat Retention Rating (HRR) band C from 2028 for new tenancies and by 2033 for all privately rented homes. This will improve those homes, reduce energy costs for tenants and support the transition to clean heating.
We welcome your views, to help us understand the practical implications, so we can reflect those as we finalise our proposals to help ensure these regulations to work as effectively as possible.
Read the consultation paper. The consultation paper contains full background information for this consultation. You may find it useful to read or refer to while responding.
Consultation questions preview
The consultation questions are included here for your reference. Please click 'Begin consultation' at the bottom of this page to proceed.
Do you agree that the PRS MEES should be EPC HRR band C?
Do you agree that only new reformed EPCs should be used as a basis for the proposed MEES?
Do you agree that the backstop date for all PRS homes to comply with MEES should be 2033?
Do you agree that the MEES should apply to properties being let to new tenants from 2028?
Do you agree that, regardless of changes to the repairing standard, that crofters, small landholders and agricultural holdings should be excluded from PRS MEES?
Do you agree that the regulations should exclude short-term holiday lets from the PRS MEES?
Do you agree with the proposed exemptions covering consent, the fabric requirements of the home and temporary exemptions?
Do you agree that HEETSA should be available as an option to evidence potential negative impacts on the fabric of a property and to support an exemption?
Do you agree that the cost cap level should be £10,000?
Do you agree with the proposed 12 month lead in time period for works to contribute to the total cost cap?
Do you agree that that all actual costs, and the cost of an EPC, should count towards the cost cap?
Do you agree that landlords should receive Scottish Government support to make the required changes?
Do you agree that this should be in the form of a loan?
Do you agree that Local Authorities should be responsible for monitoring and compliance of these regulations? If no, please provide details of an alternative with your reason(s) as to how this would support the delivery of these regulations.
Do you agree with the proposed level of financial penalties to support compliance with the regulations? If no, please provide detail on suggested amendments that should be made, outlining how the changes would increase the impact of penalties to achieving compliance with the Regulations.
Do you agree that the Scottish Government should seek to amend the Energy Act 2011 to increase in maximum financial penalties that could be imposed up to £30,000 in future, should this be deemed necessary?
In what way could these regulations have a specific or different impact, positive or negative, on a particular group of people? This could be based on protected characteristics, such as age or disability, or geography, such as island communities.
Useful information about responding to this consultation
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On the 'About You' page at the end of this consultation, organisations will have the opportunity to tell us more about their work and/or how their response was informed.
After the consultation has closed there will be a few months delay before any responses are published. This is because we must check any responses to be published abide by our Terms of Use.
An analysis report will usually be published some months after the consultation has closed. This report will summarise the findings based on all responses submitted. It will be published on the Scottish Government website and you may be notified about it if you choose to share your email address with us. You can also join our consulation mailing list where we regularly list newly published analysis reports (as well as new consultations).
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